How the EU regulates Products on the Internal Market

Description

In view of the alleged democratic deficit at the European level, it
is all the more important that the administration of European law
suffers neither from an application or enforcement deficit nor from a
judicial deficit. This concern is particularly acute when the Member
States depend on each other for the effective implementation of European
law. Since the Treaty leaves the administration of European law
primarily in the hands of the Member States without offering a legal
basis for the harmonisation of procedural administrative law, each area
of law has its own administrative procedural rules. It is evaluated in
the context of Community product regulation whether the available
European rules are adequate to enable the administration to achieve the
aims of the legislation - the free movement of authorized products on
the internal market and a high level of protection for the environment
or public health - and guarantee respect for the right to be heard and
the right to judicial protection as well.
This research showed that many lessons could be learned from the
regulation of products in order to improve the drafting of European
legislation that produces European administrative decisions. Then it is
no longer necessary to reinvent the wheel each time effective
implementation requires administrative cooperation between the Member
States and the Community institutions and bodies. The main result of
administrative cooperation between the Member States, with the aid of
the Community institutions and bodies, is the creation of administrative
decisions with EU-wide effect. This occurs for instance through mutual
recognition of administrative decisions. The exchange of information and
mutual assistance should give enforcement EU-wide effect as well, but
this is still fledgling in the area of EC product regulation. The
development of rules which ensure respect for the right to be heard and
to judicial protection is also lagging behind. That leads to gaps in the
legal protection of individuals.

About the European Administrative Law SeriesThe European
Administrative Law Series hosts academic publications related to the
development of European administrative law. The series aims to cover all
aspects of European administrative law, reflecting the role of the
European Union, the role of domestic legal orders and their mutual
relation and influence.The publisher welcomes new book proposals for this series. Please contact the publisher, or the series editors directly.